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HC allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment

August 12, 2021 900 Views 0 comment Print

REIL Electricals India Ltd. Vs Joint Secretary and ors. (Madras High Court) Madras High Court allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment Madras High Court in held that, owing to the squaring up of liability by Assessee along with interest to regularize its mistake of fraudulent entry made […]

Construction of Institute outside India when Service Provider & Service Recipient in India

August 12, 2021 993 Views 0 comment Print

Construction of Institute outside India when Service Provider and Service Recipient in India In  M/s. Sri Avantika Contracts (I) Limited, [GST-AAR 05/2021 dated August 05, 2021],  M/s. Sri Avantika Contracts (I) Limited (Applicant) has sought an advance ruling on the issues of applicability of Goods and Services Tax (GST) on construction of Police Academy in […]

GST Applicable on Renting of Immoveable Property by Tamil Nadu Labour Welfare Board to Government

August 12, 2021 1509 Views 0 comment Print

GST Applicable on Renting of Immoveable Property by Tamil Nadu Labour Welfare Board to Government In M/s. Tamil Nadu Labour Welfare Board [TS-399-AAR(TN)-2021-GST dated June 18, 2021], M/s. Tamil Nadu Labour Welfare Board (Applicant) seek an advance ruling on applicability of Goods and Services Tax (GST) on registration of the Applicant and rental income received […]

Suppression of facts has to be “Wilful” for recovery of CENVAT Credit

August 11, 2021 8412 Views 0 comment Print

Emaar MGF Land Ltd. Vs Commissioner of Central Excise and CGST (CESTAT Delhi) M/s. Emaar MGF Land Ltd. (Appellant) has filed the current appeal for quashing Order-In-Original No. DLI-SVTAX-001-COM-054-16-17 dated March 31, 2017 (OIO) which confirmed recovery of Central Value Added Tax Credit “CENVAT Credit) along with interest and penalty under Section 73(1) of the […]

Enquiries by Central Authority under GST cannot be restricted due to pendency of proceedings before State Authority

August 11, 2021 975 Views 0 comment Print

Hon’ble High Court of Madras noted that it needs to be established that subject matter is one and the same and that mere pendency of proceedings before the State authorities is not a ground to restrain the Central authorities from issuing summons and conduct investigation regarding certain allegations.

Payments for computer software sold/licenced on a CD/other physical media cannot be classed as a royalty

August 11, 2021 1749 Views 0 comment Print

World Courier (India) Pvt. Ltd. Vs ACIT (ITAT Bangalore) M/s. World Courier (India) Pvt. Ltd. (Appellant) has filed an appeal against order dated April 24, 2017 of Commissioner of Income Tax (Appeals) (CIT(A)) on the issue whether Revenue authorities were justified in disallowing sum paid by the Appellant as software maintenance charges to its overseas […]

ITC not eligible on CSR Activity as Companies (CSR Policy) Rules, 2014

August 11, 2021 2892 Views 0 comment Print

AAR held that, no Input Tax Credit (ITC) would be available for Corporate Social Responsibility (CSR) activities excluded from normal course of business.

GST @18% payable on services provided by sub-sub-contractor to sub-contractor to main contractor pertaining to irrigation, construction

August 11, 2021 7938 Views 0 comment Print

AAR held that, GST is payable on services provided by sub-sub-contractor to sub-contractor pertaining to irrigation, construction, maintenance works to irrigation department @ 18%.

Activity of re-gasification of LNG owned customers, amounts to rendering of service by job work

August 11, 2021 4488 Views 0 comment Print

AAR held that, assessee’s activity of re-gasification of LNG owned by its customers, amounts to rendering of service by Job Work and leviable to GST @ 12%.

18% GST payable on Diesel as part of a Composite Service

August 11, 2021 11565 Views 0 comment Print

Applicant has sought an advance ruling on applicability of Goods and Services Tax (GST) on cost of the diesel incurred in the form of reimbursements for running Diesel Generator (DG) Set in the course of providing DG Rental Service

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